NO. 07-04-0241-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
SEPTEMBER 8, 2004
______________________________
KENNETH AND DAWN DESCHLER, APPELLANT
V.
GIRISH VALLABHAN, M.D., APPELLEE
_________________________________
FROM THE 237TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2003-522,667; HONORABLE SAM MEDINA, JUDGE
_______________________________
Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
MEMORANDUM OPINION
On September 7, 2004, appellants, Kenneth and Dawn Deschler, filed a Motion for
Voluntary Dismissal pursuant to TEX . R. APP . P. 42.1(a)(2)1 based on an agreement
resolving the underlying dispute. The motion includes a certificate of service that counsel
1
A rule of appellate procedure will hereafter be referred to as “Rule ____.”
for appellee was served a copy of the motion via fax on September 2, 2004. No response
to the motion has been received.
Accordingly, without passing on the merits of the case, appellant’s Motion for
Voluntary Dismissal is granted and the appeal is hereby dismissed. Rule 42.1(a).
All costs are assessed to appellant. Having dismissed the appeal at appellant’s
request, no motion for rehearing will be entertained, and our mandate will issue forthwith.
Phil Johnson
Chief Justice
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